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(영문) 서울고등법원 2014.10.15 2014나29348
계약금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant, upon entering into a sales agency contract, newly constructed and sold the apartment-type “E” (hereinafter “instant factory building”), which is an apartment-type factory in Kimpo-si C and D, and delegated the sales agency business to F representative G with the following contents (However, the sales agency contract was prepared in the form delegated by the Defendant’s representative director H to G). G delegated the sales agency business to J.

Article 1 (Purpose of Sales by Proxy) The purpose of this Agreement is to ensure that “A” (I), upon request by “A” (Co., Ltd.) and “B” (G)”, make their best efforts to sell the subject-matter of Article 2 so ordered, and complete at an early stage.

Article 2 (Indication of Objects) The scope of sales agency duties delegated by Article 3 (Scope of Sales Agency Services) 1 (Scope of Sales Agency Services) of the apartment-type C-type factory and neighborhood living facilities (support facilities) shall be as follows:

(1) Sale of buildings in units.

(a) Formulation and implementation of plans for parcelling-out;

(b) Publicity and marketing activities;

(c) Affairs concerning consultation for parcelling-out.

(a) Mediation of policy funds (Seoul City subsidies, etc.) for the balance of a seller for sale in lots and support for loans;

B. The scope of “B” specified in this sales agency agreement under Article 13 (Extent of B under the sales agency agreement) of the cooperation with a general financing agency includes both the officers and employees employed by “B” for the purpose of performing the said agreement and the sales agency contract.

B. On December 2, 2011, the Plaintiff entered into a sales contract, etc. (i) L, N, K, etc. (hereinafter “J, etc.”) as an employee of the J and J. (hereinafter “J, etc.”)

(B) via the Defendant and the instant factory building Nos. 5, 103 and 104 (hereinafter “instant store”)

After the change of location, only four units were changed to 101-1 units.

2) As to the sales contract of this case, the sales contract of this case (hereinafter “instant sales contract”).

The defendant's implied consent at the time, the J is the defendant's representative and L is the defendant.

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